https://www.taxtmi.com/caselaws?id=213652 The HC held that the trade discount given by newspaper publishers to advertising agencies under INS rules does not constitute commission liable to TDS under s. 194H, as the agencies act as principals, not agents. The petitioner was wrongly treated as an assessee-in-default under s. 201 since no tax was unpaid by the petitioner directly. The assessing authority's reliance on irrelevant material, ignoring INS rules and CBDT Circular No. 715, vitiated the assessment. The writ petition was maintainable given the substantial liability and multiplicity of proceedings. The court emphasized the Department's duty to make correct assessments respecting natural justice and ruled in favor of the petitioner, quashing the demand for tax and interest. en-us Wed, 23 May 2012 00:00:00 +0530 Thu, 14 Aug 2025 14:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=213652 The HC held that the trade discount given by newspaper publishers to advertising agencies under INS rules does not constitute commission liable to TDS under s. 194H, as the agencies act as principals, not agents. The petitioner was wrongly treated as an assessee-in-default under s. 201 since no tax was unpaid by the petitioner directly. The assessing authority's reliance on irrelevant material, ignoring INS rules and CBDT Circular No. 715, vitiated the assessment. The writ petition was maintainable given the substantial liability and multiplicity of proceedings. The court emphasized the Department's duty to make correct assessments respecting natural justice and ruled in favor of the petitioner, quashing the demand for tax and interest. Case-Laws Income Tax Wed, 23 May 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=213652